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Wastewater Enforcement: Arkansas Department of Environmental Quality and Magnolia, Arkansas, Mobile Home Park Operator Enter into Consent Administrative Order

January 07, 2019

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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The Arkansas Department of Environmental Quality (“ADEQ”) and Betty Hawkins Lemley d/b/a J&B Mobile Home Park (“J&B”) entered into a December 6th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) Permit. See LIS No. 18-096.

The CAO provides that J&B operates a wastewater treatment plant (“Facility”) in Magnolia, Arkansas.

The Facility is stated to discharge treated wastewater to Horseshoe Creek and eventually to the Red River Basin.

Part 3, Section D, Condition 10 of the NPDES Permit is stated to require J&B to submit a complete permit renewal application at least 180 days prior to the expiration date of the Permit if the activity regulated by the NPDES Permit is to continue after the expiration date. J&B is stated to intend to operate the Facility beyond the expiration date of the current Permit (October 31, 2018).

ADEQ is stated to have notified J&B that the Permit would expire on October 31, 2018, and that in order to continue the regulated activity, a complete renewal application must be submitted no later than May 4, 2018. The CAO provides that the complete NPDES Permit renewal application was not received by May 4, 2018. Such failure is alleged to be a violation of Part 3, Section D, Condition 10 of the NPDES Permit.

The CAO requires that upon its execution J&B submit to ADEQ a request seeking permission to submit the renewal application at a later date but no later than the effective date of the CAO.

The CAO assesses a civil penalty of $1,000.

A copy of the CAO can be found here.

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